Smith's salary drops about $15K

Ex-chief's pay equal to three other commanders'

Smith will return as a department commander, but his specific duties have not been determined.

CORPUS CHRISTI - Former Police Chief Bryan Smith will have to work about seven months at his new commander salary to equal what he recently was offered in severance pay.

The value of his unused personal time, which he was eligible to take upon retirement, also drops with the lower pay.

Smith previously intended to retire Friday, deciding to do so Nov. 24 after an investigation into allegations he made disparaging comments about city and police officials. No evidence supported that claim, but the investigation revealed he made secret recordings of fellow officers.

Earlier this week, Smith said he changed his mind on retirement and instead is planning a return to the department as commander, the rank he had before he was named chief in 2006.

Smith's base pay now will be $88,937, matching three other commanders with the department, said Cynthia Garcia, the city's human resources director.

His salary as chief was $103,000, but it increased the day his retirement was announced because he, like all city employees, received a 2.5 percent pay raise, which would put his salary at $105,574. His severance option included six months' salary at that pay.

Police officers receive additional pay based on their education, seniority, certifications and if they are engaged in duties such as hostage negotiations or SWAT.

Garcia had not calculated Smith's total salary but said she expects it to be a little more than $90,000 once that additional pay is added.

"What we did was we took him back to where he was before he was promoted, added cost of livings he would have received," she said.

Garcia said that was her recommendation to City Manager Angel Escobar, who, with Acting Chief Mike Walsh's input, agreed.

Smith's accrued vacation and personal time from his 27 years remains intact. It had been estimated at $150,000, but that was based on his chief's salary.

The amount of time will remain, minus about three weeks to cover the time he has taken off since he indicated he would retire. He can continue to draw down that time throughout his career. Any amount left upon retirement now will be paid out based on his current salary.

Walsh was expecting official word Friday that Smith would be back to work. That had not happened by late afternoon. Walsh declined to speculate about where in the department Smith would be placed.

"I have some ideas in my mind as to what would be logical, but I don't know if that would in fact work out," he said. "There's no sense in going through the exercise ... as for what would happen to Chief Smith if he came back as commander, I would have to evaluate the command structure and to see where he would most logically fit into that structure."

Smith could not be reached for comment Thursday or Friday.

Escobar said he still hoped to get Smith back to work by Monday.

He was gathering information for the reassignment paperwork, including salary details, he said Thursday afternoon. He could not be reached Friday.

The paperwork in question explains Smith is no longer the chief and will serve as a commander. It also will include a date for which he is to report to Walsh for assignment.

Walsh, Escobar said, will decide where Smith is placed.

"What I told (Walsh) is you make the decision," Escobar said. "You are going to have to live with it."

Walsh said City Hall officials have been informing him of actions along the way, but he's uncomfortable presuming an outcome.

"This thing has changed direction a number of times," he said, adding that he doesn't foresee problems with Smith back in the ranks.

Walsh declined to go into detail but said he has spoken with Smith and that he is ready to return as a commander.

Several officers involved in the investigation that led to Smith's demotion declined to comment on the reassignment this week. They are:

n Capt. Wayne Tisdale, whose allegations that Smith made disparaging comments set off the investigation.

n Sgt. Mike Staff, Police Officers Association president, who was present with Tisdale in two of the three recordings made by Smith and uncovered during this investigation.

n Cmdr. David Torres, who has filed a lawsuit against Smith and the city claiming Smith was trying to frame him in a cover-up of allegations of illegal vehicle sales out of the impound lot. The pending suit seeks an injunction to prevent any retaliation against Torres. Torres's attorney Rene Rodriguez could not be reached for comment.

Although not commenting on Smith's staying with the department, Staff said he trusts Escobar to make the right decisions after reviewing all the facts.

A police department investigation on Tisdale is in the review phase, Walsh said.